DRAFT_19AQMM24R0191_FinalQA.pdf

Question: Under Section 865 of the 2024 National Defense Authorization Act (NDAA), FAR 15.305(a)(2)(iii), GAO B-407917.2, contracting officers shall consider relevant past performance information provided for affiliates of the offeror when evaluating the past performance of an offeror that is a small business concern in response to a competitive solicitation. Will the Government confirm that Offerors may use contract references from a sister company or affiliate?

Answer: The Government confirms that Offerors may use past performance references from a predecessor company, sister company, or affiliate, provided that the Offeror clearly demonstrates the relevance of such past performance to the instant acquisition. As stated in FAR 15.305(a)(2)(iii), the Government will consider past performance information from predecessor companies, key personnel with relevant experience, or subcontractors performing major or critical aspects of the requirement.

However, past performance will be evaluated in accordance with FACTOR 1: Past Performance and Relevant Experience, as detailed in the solicitation. Specifically:

• Offerors must submit five (5) past performance references demonstrating similar scope, size, complexity, and relevancy to the Statement of Work, with at least three (3) performed at the prime level.

• If submitting past performance from an affiliate or sister company, the Offeror must provide clear evidence of its direct involvement or substantial control over the referenced work, demonstrating how such experience is relevant to its capability to perform the proposed effort.

• Two (2) of the five (5) past performance references may be from:

o The prime Offeror’s subcontractor experience, or o A proposed first-tier subcontractor, with a signed letter of commitment.

Additionally, all past performance references must meet the minimum thresholds for annual dollar value, facility size, service scope, and technical areas, as outlined in the solicitation.

The Government will assess the recency, relevancy, and quality of past performance submissions in determining the Offeror’s ability to successfully perform the requirements of this contract.

Question: Federal Acquisition Regulation (FAR) 15.305(a)(2)(iii) states that an Agency’s “evaluation [of a proposal] should take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition.” Will the Government confirm that Offerors may use contract references from a sister company or affiliate?

Answer: See above.